Double jeopardy arguments set in son killing case - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Double jeopardy arguments set in son killing case

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Debra Milke Debra Milke

By BRIAN SKOLOFF
Associated Press

PHOENIX (AP) - Lawyers for an Arizona woman who spent more than two decades on death row before having her conviction overturned want a judge to bar a retrial in her son's killing on grounds that it amounts to double jeopardy.

Arguments are set for Friday afternoon.

Debra Milke was released on bond in September. She was convicted in 1990 of having two men kill her 4-year-old son.

The 9th U.S. Circuit Court of Appeals overturned her conviction in March. The panel cited the prosecution's failure to turn over evidence that called into question the credibility of the state's key witness - a detective who told jurors Milke confessed.

Milke's attorneys say a retrial should be barred because of prosecutors' misconduct.

Prosecutors argue they may have made mistakes but did not intentionally deceive Milke's lawyers.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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